Module 5 - notes - dfsd PDF

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Lesson 5.1 - Customer Service, Victim Care, Empathy and Property Damage  

Part A - Customer Service and Victim Care Part B - Empathy

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Part C - Property Crime Part D - Property Damage Scenario Part E - Property Damage

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Part F - Lesson Review

1.

Identify the range of emotions that may be felt by a victim of property damage, and the importance of empathy when dealing with victims of crime – PPP147, PPP154 and PPP157

2.

Explain the importance of customer service and victim care in a policing context – PPP147, PPP154 and PPP157

3.

Identify how the STOPAR decision-making model applies to customer service and victim care – PPP145, PPP146, PPP147, PPP152, PPP153, PPP154, PPP155, PPP156 and PPP157 Customer service has been described as ‘a management strategy that focuses on meeting customer expectations and ensuring customer satisfaction, thereby achieving organisational goals’. Wagenheim and Reurink (1991).

Customer service and victim care – practice short answer questions from module! 2) The NSWPF is committed to customer service; how is customer service defined? Customer service to the NSWPF can be defined as a management strategy that focuses on meeting clear customer expectations and ensuring customer satisfaction by achieving the goals of the NSWPF. 3) What are some direct benefits of the NSWPF in employing the principles of customer service? The direct benefits of police employing the principles of customer service as listed in the customer service guidelines are: -

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Increased public confidence in the NSW Police Force Lower complaint rates and lower costs associated with complaint management Greater recognition of staff More efficient court proceedings and a positive impact on crime rates through more effective victim and witness management during the investigation and prosecution of crime Increase the willingness of victims of crime to seek assistance from police

4) Are suspected persons, or those under arrest, considered customers as per the NSWPF customer service policy, charter and guidelines? No, these individuals are dealt with under the relevant sections in the Law Enforcement (Powers and Responsibilities) Act 2002 and are not considered customers as such.

Empathy One’s ability to connect with another interpersonally and having an understanding of what the other person’s thoughts, emotions and perceptions may be, trying to relate to that. 3 types of empathy: - Emotional: close connection physically with other person – suitable for coaches, marketing managers - Cognitive: knowing how the other person feels and thinks – good for negotiations, motivating other, understanding other view points - Compassionate: the main policing empathy, understand their situation and feel with them. Feel a need to help them Emotional intelligence (EI)

A

Property crime

Police Act 1990 (NSW), Section 6 – Mission and functions of NSW Police Force Subsection (3) (b) – the protection of persons from injury or death, and property from damage 8) How do you determine whether you have sufficient evidence to commence proceedings?   

Whether there is some evidence to support “elements" of the offence (Prima facie case test) Whether it can or cannot be said there’s “no reasonable prospect of conviction” (the sufficiency test) Whether it’s in the “public interest” to commence proceedings (The public interest test)

9) What is the definition of “prima facie”

Latin meaning ‘at first look’ or ‘on the face of it’ regarding whether or not there is enough evidence to support the claim before the defendant’s evidence is taken into account.

Lesson 5.2 - Indictable and Summary Offences, Transfer of Malice  

Part A - Elements of an Offence Part B - Definitions of Elements

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Part C - Indictable and Summary Offences

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Part D - Table 1 and Table 2 Offences Part E - Legal Concepts Part F - Transfer of Malice

1.

Explain the offence of Destroying or Damaging Property and its elements – PPP145, PPP152 and PPP155

2.

Explain intent, recklessness and foresight in relation to both criminal intent and actions – PPP145, PPP152 and PPP155

3.

Explain what defines damage or destroy property, burden of proof, and transfer of malice in relation to property damage offences – PPP145, PPP152 and PPP155

4.

Explain summary and indictable offences, Table 1 and Table 2 offences, and the role they play in the legal system – PPP145, PPP152 and PPP155

Elements of an offence

Indictable and summary offences Indictable offences -

Serious indictable offence: an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more Minor indictable offence: an indictable offence punishable by less than 5 years imprisonment (but more than 2) Strictly indictable offence: offences that do not appear in table 1 or 2 of schedule 1 of the Criminal Procedures Act 1986 (NSW) eg: rape, manslaughter, kidnapping, assault causing GBH

Summary offences -

Heard and determined by Magistrate at local court Max penalty 2 years imprisonment No provision for a trial Evidence is suitable to ‘balance of probabilities’

7) Explain how indictable offences can be dealt with summarily? Indictable offences listed under the Criminal Procedures Act 1986 No 209 under schedule 1 Indictable offences triable summarily. The schedule is broken down further to table 1 and table 2 offences. Table 1 offences may be dealt with summarily unless the prosecutor or the defence elects to have it heard in a higher court. Table 2 offences are of a less serious nature and are heard summarily unless the prosecutor elects a higher court. More serious cases (strictly indictable) do not appear in schedule 1. Less serious summary offences do not appear either.

Legal concepts damage to property Burden of proof Lies with the prosecutor to provide sufficient evidence to support the allegation. Recklessness A person may see the risks involved with doing a certain act and still proceeds anyway. Test is a subjective one and must be in that person’s mind, NOT IN A REASONABLE PERSON’S MIND. Test of foresight

Legal principle to do with the contemplation of the possibility of causing damage or injury. For example a fight where a window is accidentally broken. Further questioning is needed to establish if they knew the consequences. Coleman

(1990) and the Kelly v Hillyer & Anor (1984) Refer to these readings!

Transfer of malice Legal principle that a person’s intent to injure a person or damage property is transferred to the unintended result of damaging other property or injuring another person. A rock is thrown that breaks a window not intended to be hit. There are now two Crimes Act 1900 Section 195’s. Can only be transferred to the same offence. A rock is thrown through a window and injures a person inside. Police have a Section 195 but must investigate further (test of foresight) to establish if they perceived the risk. If so then police may consider a charge for Crimes Act 1900 Section 59 assault occasion actual bodily harm.

Lesson 5.3 - Property Damage, Stereotyping and Social Inequality  

Part A - Property Damage Scenarios Part B - Beliefs, Biases, Culture and Social Inequality

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Part C - Reading

1.

Identify the requirements of police when dealing with victims of crime – PPP147, PPP154 and PPP157

2.

Explain how preferences, prejudice, bias, stereotyping and discrimination can impact on police professionalism – PPP147, PPP154 and PPP157

3.

Apply relevant legal principles and legislation to variations of a property damage offence – PPP145, PPP152 and PPP155

Victim’s Rights and Support Act 2013 No 37

Important: Victim’s Rights and Support Act (NSW) 2013 No 37 -

Section 5 Meaning of “victim of crime” Section 6 Charter of rights of victims of crime

NSWPF minimum service standards:

1) Explanation of the process to the victim 2) Provide a victims card 3) Provide information for support services 4) Encourage communication between the officer and the victim 5) Provide regular updates 6) Have consideration for the safety and protection of the victim regarding the bail of perpetrator 7) Provide information about being a witness to the victim and the court process. 8) Inform the victim about their right to write a Victim impact statement and the existence of the Victims Register 9) Protect the victims property that is needed as evidence and return the property promptly when able to you.

Barriers to Intercultural communication for police Anxiety Not having a sound understanding of one’s culture and it’s social norms and expectations. Assuming similarity instead of difference Cultures exercising expressions and beliefs slightly or vastly different to our own. It is better not to have any presuppositions than make assumptions. Ethnocentrism

Assuming one’s own culture superior to another by negatively judging that culture by your own cultures standards Stereotyping Judgements made on the basis of ANY group membership whether positive or negative ie: Asians can’t drive, Indians are stingy etc. Prejudice Irrational dislike, suspicion, or hatred of a particular group, race religion or sexual orientation (group identity)

Lesson 5.4 - Graffiti  

Part A - Graffiti Part B - Graffiti Scenario (Part 1 of 2)

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Part C - Graffiti Activity Part D - Graffiti Legislation

1.

Explain the differing types of graffiti offences, under the Graffiti Control Act 2008 (NSW) – PPP145, PPP152 and PPP155

2.

Explain the social implications graffiti has on a society – PPP145, PPP152 and PPP155

3.

Explain the impact Section 4 (1, 2 & 3) of the Graffiti Control Act 2008 (NSW) has on the offence of graffiti damage – PPP145, PPP152 and PPP155

4.

Explain the difference between graffiti and property damage offences – PPP145, PPP152 and PPP155

Social implications of Graffiti -

Tens of millions of dollars spent cleaning up Graffiti where money could be spent else where Negative impact mentally as it represents crime and makes people feel unsafe, social decay and possible gang activities Anger and frustration as it looks unsightly for the community Need for a graffiti removal day indicative of communities attitudes towards graffiti Few offenders are prosecuted New penalties and introduction of VandalTrak suggest government understands it is a serious problem in society

Social issues -

Gang culture Crime Risk taking Peer pressure Rebellion Anti-social behaviour

Note: 23 October 2014 Graffiti Control Act 2008 (NSW) to allow legal proceedings under the act to be commenced within 2 years of the offence being committed. Usual statute of limitation is 6 months for all other summary offences.

Section 4 (1) elements: 

The accused

Intentionally Marks any premises or property Without consent Without a reasonable excuse Section 4 (2) elements:  All of the above elements plus  Circumstance of aggravation    

Lesson 5.5 - Graffiti, Cross-Cultural Communication and Ethical Policing  

Part A - Graffiti Revision Part B - Graffiti Scenario (Part 2 of 2)

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Part C - Cross-cultural Communication Perceptions

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Part D - Cross-cultural Communication and Ethical Policing

1.

Explain the different cultural perspectives to communication and the barriers that affect cross-cultural communication – PPP147, PPP154 and PPP157

2.

Explain how applying policy can overcome cross-cultural barriers to communication in policing contexts – PPP147, PPP154 and PPP157

Lesson 5.6 - Cross-cultural Communication and Ethnicity Based Descriptors 1.

Explain common ethnicity-based descriptors in use by the New South Wales Police Force – PPP147, PPP154 and PPP157

2.

Apply communication skills for gathering information from victims/witnesses from a cross-cultural background – PPP147, PPP154 and PPP157

3.

Construct a notebook entry for a graffiti offence – PPP146, PPP147, PPP153, PPP154, PPP156 and PPP157

8 communication strategies for CALD – Culturally and linguistic diverse people 1) 2) 3) 4) 5) 6) 7) 8)

Don’t shout Be direct Give any instructions in a clear, logical sequence Use relevant vocabulary If you don’t understand something, ASK! Use any form of communication you can Make sure you are understood Avoid jokes which leave out the client

8 ethnicity base descriptors for NSW police 1) 2) 3) 4) 5) 6) 7) 8)

Aboriginal/Torres Strait Islander People African appearance Asian appearance Caucasian appearance Sub-continental appearance Mediterranean/Middle-eastern appearance Pacific Islander/Maori appearance South American appearance...